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Free Florida Petition for Dissolution of Marriage with Property but no Minor Children Form - PDF Form Download

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Use this template/form as a Petition for Dissolution of Marriage with Property but no Minor Children Form in the State of Florida


florida-petition-for-dissolution-of-marriage-with-property-but-no-minor-children

Text version of this Form

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.901(b)(2), PETITION FOR DISSOLUTION OF MARRIAGE WITH
PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN)(05/12)

When should this form be used?

This form may be used when a husband or wife is filing for a dissolution of marriage, and the husband
and wife have marital assets and/or marital liabilities but they do not have any dependent children nor
is the wife pregnant. You and/or your spouse must have lived in Florida for at least 6 months before
filing for a dissolution in Florida. If you and your spouse agree on all issues and both can attend the
hearing, you may want to file a Petition for Simplified Dissolution of Marriage, Florida Family Law Rules
of Procedure Form 12.901(a). However, you cannot file for a simplified dissolution of marriage if any of
the following are true:

• You disagree about property, debts, or other matters and wish to have a judge settle them for you.
• Either you or your spouse is seeking support (alimony).
• You would like to ask questions and get documents concerning your spouse’s income, expenses,
assets, debts, or other matters before having a trial or settlement.
• You would like to reserve your rights to have any matters reconsidered or appeal the judge’s
decision.

This form should be typed or printed in black ink. After completing this form, you should sign the form
before a notary public or deputy clerk . You should file the original with the clerk of the circuit court in
the county where you live and keep a copy for your records. Because you are filing the petition in this
proceeding, you may also be referred to as the petitioner and your spouse as the respondent.

What should I do next?

For your case to proceed, you must properly notify your spouse of the petition. If you know where he
or she lives, you should use personal service. If you absolutely do not know where he or she lives, you
may use constructive service. You may also be able to use constructive service if your spouse resides in
another state or country. However, if constructive service is used, other than granting a divorce, the
court may only grant limited relief which cannot include spousal support (alimony). For more
information on constructive service, see Notice of Action for Dissolution of Marriage (No Child or
Financial Support), Florida Supreme Court Approved Family Law Form 12.913(a)(1), and Affidavit of
Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b). If your spouse is in
the military service of the United States, additional steps for service may be required. See, for example,
Memorandum for Certificate of Military Service, Florida Supreme Court Approved Family Law Form
12.912(a) and Affidavit of Military Service, Florida Supreme Court Approved Family Law Form
12.912(b). In sum, the law regarding constructive service and service on an individual in the military
service is very complex and you may wish to consult an attorney regarding these issues.

If personal service is used, your spouse has 20 days to answer after being served with your petition.
Your case will then generally proceed in one of the following three ways:

Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution
of Marriage with Property but No Dependent or Minor Child(ren) (05/12)

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DEFAULT… If after 20 days, your spouse has not filed an answer, you may file a Motion for Default,
Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have
filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set
a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General),
Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.
UNCONTESTED… If your spouse files an answer that agrees with everything in your petition or an
answer and waiver, and you have complied with mandatory disclosure and filed all of the required
papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You
must notify your spouse of the hearing by using a Notice of Hearing (General), Florida Supreme Court
Approved Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED… If your spouse files an answer or an answer and counterpetition, which disagrees with or
denies anything in your petition, and you are unable to settle the disputed issues, you should file a
Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with
mandatory disclosure and filed all of the required papers. Some circuits may require the completion of
mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or
judicial assistant for instructions on how to set your case for trial (final hearing). If your spouse files an
answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to
Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).

Where can I look for more information?

Before proceeding, you should read “General Information for Self-Represented Litigants” found at the
beginning of these forms. The words that are in bold underline in these instructions are defined there.
For further information, see chapter 61, Florida Statutes.

Special notes…

If you do not have the money to pay the filing fee, you may obtain an Application for Determination of
Civil Indigent Status from the clerk, fill it out, and the clerk will determine whether you are eligible to
have filing fees deferred.

If you want to keep your address confidential because you are the victim of sexual battery, aggravated
child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, do not enter the
address, telephone, and fax information at the bottom of this form. Instead, file a Request for
Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h).

With this form, you must also file the following:

• Affidavit of Corroborating Witness, Florida Supreme Court Approved Family Law Form 12.902(i) OR
photocopy of current Florida driver’s license, Florida identification card, or voter’s registration card
(issue date of copied document must be at least six months before date case is actually filed with
the clerk of the circuit court).
• Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor
Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2), if you and your spouse
have reached an agreement on any or all of the issues.

Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution
of Marriage with Property but No Dependent or Minor Child(ren) (05/12)

———————– Page 3———————–

• Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j).
• Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This
must be filed within 45 days of service of the petition on the respondent, if not filed at the time of
the petition.)
• Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form
12.932. (This must be filed within 45 days of service of the petition on the respondent, if not filed at
the time of the petition, unless you and your spouse have agreed not to exchange these
documents.)

Alimony… Alimony may be awarded to a spouse if the judge finds that he or she has an actual need for
it and also finds that the other spouse has the ability to pay. If you want alimony, you must request it
in writing in the original petition or counterpetition. If you do not request alimony in writing before
the final hearing, it is waived (you may not request it later). You may request permanent alimony,
bridge-the-gap alimony, durational alimony, lump sum alimony, or rehabilitative alimony.

Marital/Nonmarital Assets and Liabilities… Florida law requires an equitable distribution of marital
assets and marital liabilities. “Equitable” does not necessarily mean “equal.” Many factors, including
alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and
liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties
agree or the court determines belong to, or are the responsibility of, only one of the parties. If the
parties agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when
distributing marital assets and liabilities.

Temporary Relief… If you need temporary relief regarding temporary use of assets, temporary
responsibility for liabilities, or temporary alimony, you may file a Motion for Temporary Support with
No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(c). For
more information, see the instructions for that form.

Marital Settlement Agreement… If you and your spouse are able to reach an agreement on any or all of
the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with Property
But No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2).
Both husband and wife must sign this agreement before a notary public or deputy clerk. Any issues on
which you are unable to agree will be considered contested and settled by the judge at the final hearing.

Final Judgment Form… These family law forms contain a Final Judgment of Dissolution of Marriage
with Property but No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law
Form 12.990(c)(2), which the judge may use if your case is contested. If you and your spouse reach an
agreement on all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with
Property but No Dependent or Minor Child(ren) (Uncontested), Florida Supreme Court Approved
Family Law Form 12.990(b)(2). You should check with the clerk, family law intake staff, or judicial
assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or
print the heading, including the circuit, county, case number, division, and the parties’ names, and leave
the rest blank for the judge to complete at your hearing or trial.

Nonlawyer… Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps
you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida
Family Law Rules of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill

Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution
of Marriage with Property but No Dependent or Minor Child(ren) (05/12)

———————– Page 4———————–

out these forms also must put his or her name, address, and telephone number on the bottom of the
last page of every form he or she helps you complete.

Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution
of Marriage with Property but No Dependent or Minor Child(ren) (05/12)

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IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,
IN AND FOR ______________________________ COUNTY, FLORIDA

Case No: ________________________
Division: ________________________

In re: the Marriage of:

_________________________________,
Husband,
and

_________________________________,
Wife.

PETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY
BUT NO DEPENDENT OR MINOR CHILD(REN)

I, {full legal name} ______________________________________________________, the
[Choose one only] ( ) Husband ( ) Wife, being sworn, certify that the following statements are true:

1. JURISDICTION/RESIDENCE
( ) Husband ( ) Wife ( ) Both has (have) lived in Florida for at least 6 months before the filing of
this Petition for Dissolution of Marriage.

2. The husband [Choose one only] ( ) is ( ) is not a member of the military service.
The wife [Choose one only] ( ) is ( ) is not a member of the military service.

3. MARRIAGE HISTORY
Date of marriage: {month, day, year} _________________________
Date of separation: {month, day, year} ________________________ [ ___ Indicate if approximate]

4. THERE ARE NO MINOR (under 18) OR DEPENDENT CHILD(REN) COMMON TO BOTH PARTIES AND
THE WIFE IS NOT PREGNANT.

5. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form
12.902(j), is filed with this petition.

6. THIS PETITION FOR DISSOLUTION OF MARRIAGE SHOULD BE GRANTED BECAUSE:
[Choose one only]
a. ____ The marriage is irretrievably broken.
b. ____ One of the parties has been adjudged mentally incapacitated for a period of 3 years before
the filing of this petition. A copy of the Judgment of Incapacity is attached.

Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution of Marriage
with Property but No Dependent or Minor Child(ren) (05/12)

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SECTION I. MARITAL ASSETS AND LIABILITIES
[Choose one only]
1. ____ There are no marital assets or liabilities.

2. ____ There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or
will be) listed in the financial affidavits, Florida Family Law Rules of Procedure Form 12.902(b) or (c),
to be filed in this case.
[Choose all that apply]
a. ____ All marital assets and debts have been divided by a written agreement between the
parties, which is attached to be incorporated into the final judgment of dissolution of marriage.
(The parties may use Marital Settlement Agreement for Simplified Dissolution of Marriage,
Florida Family Law Rules of Procedure Form 12.902(f)(3) or Marital Settlement Agreement for
Dissolution of Marriage with No Dependent or Minor Child(ren), Florida Supreme Court
Approved Family Law Form 12.902(f)(2).
b. ____ The Court should determine how the assets and liabilities of this marriage are to be
distributed, under section 61.075, Florida Statutes.
c. ____[Choose one only]____Husband ___Wife should be awarded an interest in ___ the other
spouse’s property because: _______________________________________________________
______________________________________________________________________________
______________________________________________________________________________.

SECTION II. SPOUSAL SUPPORT (ALIMONY)

1. ____ Husband ____ Wife forever gives up his/her right to spousal support (alimony) from the
other spouse .

OR

2. ____ Husband ___Wife requests that the Court order the other spouse to pay the following spousal
support (alimony) and claims that he or she has an actual need for the support that he or she is
requesting and that the other spouse has the ability to pay that support. Spousal support
(alimony) is requested in the amount of $ ______ every ( ) week ( ) other week ( ) month,
beginning {date} ____________________________and continuing until {date or event}
_________________________________________________________________________________.
Explain why the Court should order ___Husband ___Wife to pay and any specific request(s) for type
of alimony (temporary, permanent, bridge-the-gap, durational, rehabilitative, and/or lump sum):
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________

3. Other provisions relating to alimony including any tax treatment and consequences:_____________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________

Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution of Marriage
with Property but No Dependent or Minor Child(ren) (05/12)

———————– Page 7———————–

4. ___ Husband ___ Wife requests life insurance on the other spouse’ life, provided by that spouse, to
secure such support.

SECTION III. OTHER

1. _____Wife requests to be known by her former name, which was {full legal name}
_________________________________________________________________________________.

2. Other relief {specify}: _______________________________________________________________.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________

SECTION IV. REQUEST (This section summarizes what you are asking the Court to include in the final
judgment of dissolution of marriage.)
____Husband ___Wife requests that the Court enter an order dissolving the marriage and:
[Choose all that apply]
1. ____ distributing marital assets and liabilities as requested in Section I of this petition;
2. ____ awarding spousal support (alimony) as requested in Section II of this petition;
3. ____ restoring Wife’s former name as requested in Section III of this petition;
4. ____ awarding other relief as requested in Section III of this petition; and any other terms the Court
deems necessary.

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this
petition and that the punishment for knowingly making a false statement includes fines and/or
imprisonment.

Dated: ______________________ _____________________________________________
Signature of ( ) HUSBAND ( ) WIFE

Printed Name: _________________________________
Address: ______________________________________
City, State, Zip: _________________________________
Telephone Number: _____________________________
Fax Number: __________________________________
Email Address: ______________________________

Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution of Marriage
with Property but No Dependent or Minor Child(ren) (05/12)

———————– Page 8———————–

STATE OF FLORIDA
COUNTY OF ____________________

Sworn to or affirmed and signed before me on ____________ by _______________________________.

_____________________________________________
NOTARY PUBLIC or DEPUTY CLERK

_____________________________________________
[Print, type, or stamp commissioned name of notary or
deputy clerk.]
____ Personally known
____ Produced identification
____ Type of identification produced ________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks] This form was prepared for the: {choose only one} ( ) Husband ( ) Wife
This form was completed with the assistance of:
{name of individual} ___________________________________________________________________,
{name of business} ____________________________________________________________________,
{address} ____________________________________________________________________________,
{city} __________________________________, {state} ______, {telephone number} _______________.

Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution of Marriage
with Property but No Dependent or Minor Child(ren) (05/12)

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